Multiple choice

‘The DNA test cannot rebut the conclusive presumption envisaged under S. 12 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.” It was so held in

  1. Shaik Fakruddin v. Shaik Mohammed Hasan AIR 2006AP 48

  2. Siddaramesh v. State of Karnataka (2010) 3 SCC 152

  3. Kailash v. State of Madhya Pradesh AIR 2007 SC 107

  4. Somwanti v. State of Punjab, AIR 1963 SC 151
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A Correct answer
Explanation

DNA test cannot rebut the conclusive presumption envisaged under section 112 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof; Shaik Fakruddin v. Shaik Mohammed Hasan, AIR 2006 AP 48.

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